LAHORE: The Lahore High Court has ruled that the charge of terrorism has been rightly framed against the accused persons involved in the lynching of Sri Lankan citizen Priyantha Kumara over blasphemy allegations in Sialkot.

Dismissing a petition challenging the inclusion of section 7 of the Anti-Terrorism Act 1997 in the case, a two-judge bench observes that it is categorically mentioned in the first information report that occurrence was committed by 800/900 people, same was comprising murder of a person on the allegation of religious insult, then bringing his body on road, burning it, blocking the road, stopping police, disgracing the body and creating a sense of insecurity and fear in the public.

The bench comprising Justice Ali Baqar Najafi and Justice Farooq Haider holds that the charges stood established during the investigation.

Accused Taimoor Ahmad filed the petition with a prayer to amend the charge regarding section 7 ATA and declare the proceedings by the trial court null and void as the whole proceeding was conducted in a hasty manner without giving the opportunity of fair trial while ignoring the norms of justice in the absence of accused counsel.

The bench, in its detailed verdict, observes that the counsel for the petitioners could not refer to any omission or misleading fact/defect in the charge that could be termed as causing prejudice to the accused or otherwise is against the law or facts of the case.

The bench notes that this is not a case where occurrence took place in some abandoned area/jungle i.e. away from public view or in a room of some house i.e. not visible to public similarly occurrence in this case was not result of personal vendetta/enmity.

It says the occurrence rather comprises burning the body by accused persons at the public road after blocking the same in view of public at large on the pretext that he outraged their religious feelings which resulted striking of terror, creating of sense of fear and insecurity in the people.

The bench observes that the trial court, however, after recording of evidence would definitely decide that either charge under section 7 of ATA has been proved or not and if said charge is not proved then accused would get acquittal, therefore, no prejudice has been caused to him.

The bench had on March 29 dismissed the petition through a short order.

The trial court has been holding a jail trial in the case on a day-to-day basis in the Kot Lakhpat jail of Lahore.

The victim, 49-year-old Priyantha Kumara, was tortured to death and his body was set on fire on Dec 3, 2021 by furious workers of the Rajco Industries garment factory, where he was a manager.

The prosecution in its challan included 40 witnesses besides videos, digital evidence, DNA evidence and forensic evidence. The witnesses also include Mr Kumara’s colleague who tried his best to save him from the mob.

According to the challan, footage from 10 digital video recorders in the factory was sent for forensic analysis and the accused were traced via social media videos and footage recovered from the mobile phones of 56 accused.

The FIR was registered against 900 workers at the Uggoki police station for aggravated murder and burning of the body against dozens of unidentified people under terrorism and murder provisions.

Published in Dawn, April 12th, 2022